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Tuesday, August 15, 2023

How Restorative Justice Can Break the Vicious Cycle of Oregon’s Criminal Justice System




Imagine you are desperately looking for housing in Oregon. You’ve had a bad run of luck, you’re struggling to find work, and food insecurity is rife for you, let alone the ones who depend on you.  

Now imagine your bad run of luck turns worse: you’ve been charged with a felony.  

People charged with a felony not only face legal consequences, but societal and basic living consequences:


  • Housing: A felony conviction seen in background checks leads many property management companies and landlords to disqualify or deny rental dwellings. 
  • Employment: The same background checks that raise red flags among employers drastically reduce opportunities for those charged with underemployment or no employment at all.
  • Mobility: Driver’s licenses are often revoked or suspended, creating difficulty for individuals getting to any work or access to services.
  • Civic Duty: Voting rights are suspended for the duration of time the person is incarcerated.
  • Financial: Banks and other lending institutions view people with a felony conviction as high risk, closing out their opportunities for borrowing money, repaying loans, or even affording a car. Efforts to start businesses, finance essential purchases or pursue higher education all face a higher risk of failure with the imposition of these consequences. 

 

A felony conviction creates serious and long-lasting barriers to those reintegrating into society and rebuilding their lives. Statistics show that within 36 months of release 51% are re-arrested, 35% are convicted and 13% are re-incarcerated. A cycle of disadvantage and exclusion is the path for many marked by a felony.

Restorative Justice has the potential to alter this cycle. By diverting the power away from the punitive criminal justice system, the responsible party and the harmed are guided by a facilitator to achieve accountability and repair the damage. By centering the needs of the harmed, the responsible party is allowed to heal the offended. It also has the potential to give those responsible a second chance, keeping them out of the already overcrowded and burdened punitive justice system. Being free of the mark of a felony conviction, individuals can rebuild their lives. In this, respect and restoration can help build trust and in effect, a stronger community.

In every circle of family and friends, someone you know — a relative, a co-worker, even a mother or child, has run afoul of the law. The psychological trauma, let alone the backbreaking financial penalties and loss of opportunity has left families, trust and communities broken. The more the practice of Restorative Justice is employed, the greater the healing potential for those affected and those responsible can take place. With fewer people in court, there will be less case backlog. With fewer cases and imprisonment, fewer tax dollars will need to be collected. For those involved and with accountability in place, the responsible and the affected can find genuine help and healing—a path forward to peace.

The practice of Restorative Justice has more than a theoretical impact. It has an impact on the well-being of our lives and the community we live in. Restorative Justice has a home in Oregon, and a presence on the web: The Portland Community Justice Partnership.

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